Persistent Organic Pollutants: Preparing For Enforcement

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Persistent Organic Pollutants:Preparing For Enforcement


James CalderAssent ComplianceDirector, Compliance Programs

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POP Regulation History

International community called for actions to reduce and eliminate production, use and releases of these substances known as persistent organic pollutants (POPs)

Two international legally binding instruments have been negotiated and concluded:• The Protocol to the regional UNECE Convention on Long-

Range Transboundary Air Pollution (CLRTAP) on POPs, opened for signatures in June 1998 and entered into force on October 23, 2003.

• The global Stockholm Convention on POPs, opened for signatures in May 2001 and entered into force on May 17, 2004.


POP Regulation History (Cont’d)

• These instruments establish strict international regimes for initial lists of POPs (16 in the UNECE Protocol and 12 in the Stockholm Convention). Both instruments also contain provisions for including additional chemicals into these lists.

• These regimes includes measures to restrict the production, use, import, export, disposal and emission of these substances.


The European Union has ratified and adopted the international agreements into Community law:

Regulation (EC) No 850/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC.

The Regulation contains provisions regarding production, placing on the market and use of chemicals, management of stockpiles and wastes and measures to reduce unintentional releases of POPs. Furthermore, Member States must set up emission inventories for unintentionally produced POPs, national implementation plans (NIPs) and monitoring and information exchange mechanisms.

European Adoption


Impact On Finished Products (Articles)

The production, placing on the market and use of substances listed in Annex II, whether on their own, in preparations or as constituents of articles, shall be restricted in accordance with the conditions set out in that Annex.

Does not apply to: • A substance used for laboratory-scale research or as a

reference standard; • A substance occurring as an unintentional trace

contaminant in substances, preparations or articles.• Substances occurring as a constituent of articles produced

before or on the date of entry into force of this regulation until six months after the date of its entry into force.

The production, placing on the market and use of substances listed in Annex I, whether on their own, in preparations or as constituents of articles, shall be prohibited


Initially, the law included the most persistent and toxic POPs (12 substances)Has since doubled in size with additional substances being added as the Stockholm Convention adds substances.

The POP Regulation is required to amend its annexes to align with the Stockholm Convention within a given time period.

Most recent addition is HBCD/HBCDD (March 2016).

Substances Captured Under the POP Regulation


COMMISSION REGULATION (EU) 2016/293 of 1 March 2016 amending Regulation (EC) No 850/2004of the European Parliament and of the Council on persistent organic pollutants as regards Annex I.

Entered into force March 22, 2016.

At the sixth meeting to amend Annex A to the Convention in order to include hexabromocyclododecane (‘HBCDD’) in that Annex. That amendment contains a specific exemption for the production and use of HBCDD in expanded polystyrene and extruded polystyrene in buildings. In accordance with Article 22(3) of the Convention, amendments to Annexes A, B and C thereto enter into force 1 year from the date of the communication by the depositary of the amendment, which, for HBCDD, was 26 November 2014.

Deep Dive Of The HBCD/HCBDD Addition

MARCH1, 2016

MARCH22, 2016

NOV.26, 2014

1YEAR


Discussed for inclusion into RoHS in the most recent increase of RoHS substances (2015/863). Argument was it was already included in the POP Regulation and included in the REACH Regulation

Also an SVHC in REACH and requires Authorisation for use.

The Convention has an exemption for expanded polystyrene and extruded polystyrene in buildings. Since REACH did not receive Authorisation for that use, it is removed as an exemption (June 22, 2016) within the POP Regulation.

HBCDD Relation to RoHS & REACH


April 15, 2016: Mobile Phone Case• The outer plastic layer contains 0.44% by weight short chain

chlorinated paraffins (SCCPs).

• The placing on the market and use of articles containing SCCPs is banned. SCCPs persist in the environment, are toxic to aquatic organisms at low concentrations and bioaccumulate in wildlife and humans, posing a risk to human health and the environment.

• The product does not comply with the regulation on persistent organic pollutants (POP Regulation).

• Withdrawal of the product from the market and recall of the product from end users.

Enforcement: Example From RAPEX Notification


Target ElectronicsSome contained short chain chlorinated paraffins (SCCP) which has been restricted in the EU since 2012 by the EU POPs Regulation, as amended by Regulation 519/2012.

Recently at the end of 2015, a maximum concentration limit in articles was set at 0.15% by Regulation 2015/2030. Used in leather processing and can also be used as a plasticizer in rubber, paints, adhesives, flame retardants for plastics including vinyl flooring, carpet backing and in wire and cable coatings.

Recent Swedish (KEMI) Enforcement Report


• If not already, include in your materials management program.

• REACH and RoHS tend to be the bullies in the room who muscle other regulations out of the conversation.

• Align your data collection efforts with other requirements (e.g. Prop 65, REACh, RoHS, CPSIA, etc).

• Due to the lack of inclusion within a company’s supply agreements, suppliers may not know they are supplying non-compliant material.

• Keep an eye on the Stockholm Convention for eventual inclusion into the POP Regulation.

Recent Swedish (KEMI) Enforcement Report


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Persistent Organic Pollutants: Preparing For Enforcement

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